Tenancies in Maine

Overview

Maine does not recognize tenancy by the entirety. It does recognize the other two forms of common law tenancy.

Tenancy by the Entirety

N/A.

Joint Tenancy with Right of Survivorship

Joint Tenancy with Right of Survivorship is recognized in Maine, but the intent to create such a tenancy must be expressly stated in the deed or other document creating the interest. Title 33 §159

Creation Language

Title 33 §159 gives the following examples as language in a deed sufficient to create a joint tenancy with right of survivorship:

• "as joint tenants"
• "in joint tenancy"
• "as joint tenants with rights of survivorship"
• "with rights of survivorship"
• "to them and to the survivor of them"
• "to them and their assigns and to the survivor and the heirs and assigns of the survivor forever"
• "as tenants by the entirety"

Tenancy in Common

Tenancy in Common is recognized in Maine as the default manner in which two or more grantees take title unless otherwise stated.Id.

Others

N/A.

Cross-References

• Maine
• Tenancies